scholarly journals Wpływ ideologii totalitarnych na konstrukcje prawne stosowane w zakresie ograniczania autonomii woli jednostki na przykładzie modeli wiązania wzorców umownych

2021 ◽  
Vol 43 (4) ◽  
pp. 405-415
Author(s):  
Maciej Skory
Keyword(s):  
20Th Century ◽  
Criminal Law ◽  
Historical Analysis ◽  
Theoretical Aspect ◽  
Administrative Law ◽  
Public Law ◽  
The Political ◽  
Private Law ◽  
Individual Freedom ◽  
Political Model

The paper aims to examine the influence of totalitarian ideologies on the issue of the mechanism of binding contractual standard forms. Although totalitarian ideologies mainly influence the situation of an individual through the norms of criminal law and administrative law (public law in its broadest sense), private law — especially in its theoretical aspect involving accepted legal constructs — is also influenced by the political doctrines dominant at a given time. As it seems, this also applies to such a technical and far-from-political model as that of contractual binding. It turns out that also in this area totalitarian concepts found room for restricting the scope of individual freedom. This is indicated by a certain correlation between the development of views on the nature of contractual forms and the mechanism of their binding and the intensification or weakening of totalitarian tendencies. Such a conclusion can be derived from the historical analysis of the views represented by the main representatives of French and German doctrine from the mid-19th to the mid-20th century.

scholarly journals RZUT OKA NA POLSKĄ ROMANISTYKĘ W PIERWSZYM DZIESIĘCIOLECIU XXI WIEKU

2016 ◽  
Vol 12 (1) ◽  
pp. 7
Author(s):  
Maria Zabłocka
Keyword(s):  
Criminal Law ◽  
Political System ◽  
Public Law ◽  
Second World War ◽  
First Century ◽  
Roman Law ◽  
The Political ◽  
Private Law ◽  
World War ◽  
Second World

An Overview of the Work of Polish Scholarship on Roman Law in the First Decade of the Twenty-First Century Summary In the first decade of the 21st century Polish scholars of Roman Law accomplished a considerable amount of work, adopting an entirely new area of research. While publications on private law had constituted the predominant trend since the Second World War, especially in the first forty years of the period, articles on public law were an exception until recent times. In the last few years nearly twice as many monographs have been published on a broad range of issues in public law, such as the political system, administration, and criminal law, as on private law. The numer of articles on public law has also been much larger than on other branches of Roman law. The work of Polish Romanists has earned acknowledgement abroad, as evidenced by the invitations Polish researchers have been receiving to contribute to foreign occasional volumes, and by the digests of Polish books and articles which have appeared in the Italian scholarly journal «Iura. Rivista internazionale di diritto romano e antico».

scholarly journals The Civil Service Law System in Poland – Selected Issues

2018 ◽  
Vol 3 (1) ◽  
pp. 16-25
Author(s):  
Wojciech Drobny
Keyword(s):  
Civil Service ◽  
Service System ◽  
Labor Law ◽  
Administrative Law ◽  
Public Law ◽  
Historical Background ◽  
Private Law ◽  
Law System

The article refers to the topic of civil service law in Poland. It describes the organization of civil service system in comparison to other international solutions and it gives the historical background of how it has been evolving so far. Particularly it refers to the elements of its regime, the position and duties of the Polish Head of the Civil Service and rights and duties of the civil service corpus’ members. The author claims that the changes taking place in the area of this part of law are due to the domination of private law (labor law) over public law (administrative law). This tendency currently prevails in the western legislation.

scholarly journals Istota totalitaryzmu. Wokół teorii Zbigniewa Brzezińskiego i Carla Friedricha

2021 ◽  
Vol 43 (2) ◽  
pp. 171-199
Author(s):  
Adam Wielomski
Keyword(s):  
Cold War ◽  
20Th Century ◽  
West Germany ◽  
The Political ◽  
Individual Freedom ◽  
Liberal Democratic ◽  
Famous Book ◽  
The Usa ◽  
Definition Of ◽  
The Cold War

The aim of this text is a contemporary estimation of the thesis formed in a famous book by Zbigniew Brzeziński and Carl Friedrich, Totalitarian Dictatorship and Autocracy (1956). This is a classic text of Western political science about totalitarianism, simultaneously scientific and political. Scientific, because it presents the idea of three types of political regimes in the 20th century: totalitarian, authoritarian, and liberal-democratic. Political, because the term “totalitarianism” was very useful in the time of the Cold War. This term presents the old (Nazi Germany) and new (Stalinist Russia) totalitarian states as equal political enemies of the USA, equal in their hostility to political and individual freedom, i.e. America’s creed. By using this term, the Americans can create a horrible picture of Russian communism as totalitarian, the same as Hitler’s regime, while presenting old enemies (West Germany, Italy, and Japan) as good friends of both the USA and freedom, because in this moment these states are democratic and liberal. The new term ended the old line of the delimitation between fascist or pro fascist and antifascist states and legitimates the new alliance between the USA and Franco’s Spain. The author analyses the definition of totalitarianism by Brzeziński and Friedrich as well as the political and ideological accusations made against this book by leftist critics.

scholarly journals OSIĄGNIĘCIA POLSKICH ROMANISTÓW W CIĄGU OSTATNICH DWÓCH LAT (2006/2007 – 2007/2008)

2017 ◽  
Vol 8 (2) ◽  
pp. 7
Author(s):  
Maria Zabłocka
Keyword(s):  
Criminal Law ◽  
Family Law ◽  
Legal Culture ◽  
Administrative Law ◽  
Public Law ◽  
Roman Law ◽  
History Of ◽  
Legal Structures ◽  
History Of Law ◽  
The One

Polish Romanistic Research in the Last Two Years (2006/2007 – 2007/2008)SummaryThe article presents publications of Polish romanists published in the last two academic years. They include editions of the sources, their translations accompanied by commentaries, as well studies on Roman private law covering the law of persons, family law, law of property, succession, obligations and procedure. An important part of the recent studies is devoted to public law: above all criminal law and broadly understood administrative law. Several authors addressed the problem of the influence of Roman law on the legal culture of Europe. Research was done as well on the history of law faculties and the romanists who lectured there. All these studies indicate a slight change in the scientific interest of the Polish romanists. We welcome the fact that more interest was paid to various problems of public law, in this way the romanistic research may be able to show the roots of the later and modern jurisprudence. One could postulate further studies not on the classical period of Roman law but also on its later developments. Scholars should never limit themselves to study of subjects reflecting contemporary legal science, as we never know if the one day the ‘dated’ institutions should not revive in a slightly changed form: such is the case of the modern construction of transfer of ownership as a security for debt functionally reflecting the Roman fiducia cum creditore contracta. In this manner the analysis of the ancient legal structures may provide for better understanding of the presently binding norms.

Part A Annotated Guide, 6 Private Enforcement of the Market Abuse Regulation in European Law

2017 ◽  
Author(s):  
Busch Danny
Keyword(s):  
Administrative Law ◽  
Public Law ◽  
Private Enforcement ◽  
Private Law ◽  
European Law ◽  
Legal Systems ◽  
Market Abuse ◽  
Annotated Guide ◽  
Market Abuse Directive

This chapter discusses the role of the Market Abuse Regulation in private law. An infringement of the MAR has an important effect on the private law relations between the infringer and the investing public. As regulatory provisions of this nature are classified as public law, any failure to comply with the MAR will also affect the infringer’s relationship with the competent financial supervisor. In other words, the relevant financial supervisor can enforce these provisions under administrative law in the event of an infringement. This is essentially no different from the situation under of the Market Abuse Regulation’s predecessor—the (former) Market Abuse Directive (2003/6/EC), as implemented in the various national legal systems.

Administrative Law

2021 ◽  
Author(s):  
Timothy Endicott
Keyword(s):  
Judicial Review ◽  
Common Law ◽  
Administrative Law ◽  
Public Law ◽  
First Century ◽  
Government Agencies ◽  
Private Law ◽  
The Subject ◽  
The Common ◽  
Twenty First Century

Administrative Law explains the constitutional principles of the subject and their application across the range of twenty-first-century administrative law. The focus on constitutional principles is meant to bring some order to the very diverse topics with which you need to deal if you are to understand this very complex branch of public law. The common law courts, government agencies, and Parliament have developed a wide variety of techniques for controlling the enormously diverse activities of twenty-first-century government. Underlying all that variety is a set of constitutional principles. This book uses the law of judicial review to identify and to explain these principles, and then shows how they ought to be worked out in the private law of tort and contract, in the tribunals system, and in non-judicial techniques such as investigations by ombudsmen, auditors, and other government agencies. The aim is to equip the reader to take a principled approach to the controversial problems of administrative law.

Reasons to Criminalize

2018 ◽  
pp. 143-181
Author(s):  
Vincent Chiao
Keyword(s):  
Criminal Law ◽  
Subject Matter ◽  
Public Law ◽  
Point Of View ◽  
Harm Principle ◽  
The Political ◽  
Legal Moralism ◽  
The Public ◽  
Political Ideal ◽  
The Way

This chapter extends the public law conception to the theory of criminalization. The first half of the chapter is devoted to considering whether the criminal law has a privileged subject matter or “core,” focusing especially on Feinberg’s influential account of the criminal law as a system of direct prohibitions. The chapter argues that a subject-matter-based approach has difficulty coming to grips with actual criminal law systems in modern administrative states, in which so-called mala prohibita offenses predominate. The second half of the chapter turns to sketching how we might approach the question of criminalization from a public law point of view, both in general and with reference to the political ideal of anti-deference (sketched in Chapter 3) in particular. Along the way, the chapter argues that the (very popular) wrongfulness principle turns out to be either empty or implausible, and hence that we should reject any version of the harm principle, or of legal moralism, that presupposes it.

Frantz Fanon, The Wretched of the Earth

2017 ◽  
Author(s):  
Keally McBride
Keyword(s):  
Political Theory ◽  
Interpersonal Violence ◽  
Historical Analysis ◽  
Central Force ◽  
Frantz Fanon ◽  
The Political ◽  
Individual Freedom ◽  
Economic Exploitation ◽  
The Earth ◽  
Racialized Violence

Frantz Fanon’s The Wretched of the Earth is a handbook for developing anticolonial revolutionary consciousness. It offers an analysis of the structures created by colonialism that need to be overcome, and predicts the political distortions that might occur in postcolonial regimes. All three of these themes involve a discussion of structural and interpersonal violence as a central force in politics. Fanon’s political theory traces the interconnected nature of economic, institutional, and psychological racialized violence that undergirds modern global relations. This chapter explores Fanon’s historical analysis of decolonization, emphasizing the difficulty of achieving individual freedom and the pitfalls of collective and violent struggle. Furthermore, Fanon’s volume predicts the growth of new forms of imperialism, and the continued economic exploitation of former colonies.

scholarly journals Private Interests and Private Law Regulation in Public International Law Jurisdiction

2019 ◽  
pp. 329-354
Author(s):  
Alex Mills
Keyword(s):  
International Law ◽  
Criminal Law ◽  
Public Law ◽  
Private Law ◽  
Public International Law ◽  
The Public ◽  
Private Interests ◽  
Law Regulation ◽  
The Way

This chapter focuses on private interests and private law regulation in public international law jurisdiction, and discusses how questions of private law are generally marginalized in favour of a focus on public law, particularly criminal law. This is surprising and unfortunate for two main reasons. The first is that private law issues played a central role in the development of public international law jurisdictional principles. The second is that public international lawyers have, in a range of other contexts, increasingly recognized the significance of private law regulation, and the ‘public’ function which it can play in pursuing particular state interests. Recognizing the significance of private law jurisdiction presents, however, some important challenges to the way in which public international law jurisdiction has become to be understood.

scholarly journals The Second Declaration of Havana as the Political Manifest of the Socialistic Stage of the Cuban Revolution

2020 ◽  
Vol 12 (1) ◽  
pp. 81-91
Author(s):  
Artem Aleksandrovich Lepeshkin
Keyword(s):  
Foreign Policy ◽  
20Th Century ◽  
Historical Analysis ◽  
Cuban Revolution ◽  
The Political ◽  
Organization Of American States ◽  
American States ◽  
Foreign Ministers ◽  
The Impact

The Second Declaration of Havana ratified on February 4, 1962 is the most important document of the socialistic stage of the Cuban Revolution. The historical analysis of this document is essential to appreciate all the peculiarity of the socialism formation in Cuba and to understand the origin of the principles of the revolutionary internationalism during the Cuban Revolution. However, investigations, which are dedicated to specifically this issue, does not present in the Russian historiography. The aim of this work is to clarify the role of the Second Declaration of Havana in the process of the socialistic ideology formation in Cuba under specific historical conditions of the first half of the 20th century and also to estimate the impact of the foreign policy of USA and VIII Consultative Meeting of Foreign Ministers of the Organization of American States (OAS), which took place in January 1962, onto the radicalization of the Cuban Revolution.

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